Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
I have sat on the Law Society, as a councillor of the Law Society of the Northern Provinces for probably about 8 years. Before that, I was a chairman of the Johannesburg Attorneys Association when I was 30, and chairman of the Gauteng Law Council when I was 35. When I work out the time involved, I sometimes think that I really don’t have the time to sit on the Law Society, because even for a councillor who does not have many commitments, and I don’t have many, it is still easily about 20 working days of your time a year and bearing in mind that there are 21 working days a month, essentially one month of every year goes to the Law Society.
On the other hand, if you are the coal face of the profession you get a chance to discuss and implement policies, know what is coming, where the challenges are and what the problems are. It also exposes you unfortunately to the greedy attorneys – those that overreach their clients, don’t meet their tax commitments and steal trust funds. I still think it is the vast minority of attorneys and unfortunately it is always those that indulge in bad behaviour who make the news. It is not reportable that tens of thousands of attorneys comply with the rules to follow procedures. Every few months we also deal with, what we call “appearances”, which is when attorneys, in terms of rule 101, get a chance to tell the Law Society why they feel they should be re-admitted if they were previously struck off, or why they think they should not be struck off. At times like that you hear a lot of sad stories, of divorces, alcohol and drug addiction and whatever other problems lead to people straying from the path, not following rules and ultimately and sadly even neglecting their clients’ affairs or stealing money. Cases range from those that you would not have a moment’s sympathy for to those, who despite the fact that they have done something wrong and have to be struck off you may have some sympathy for.
On the other hand, bearing in mind that everyone gets a chance, we also deal with people who have been to prison before, have studied to become an attorney while they were in prison and now want to be admitted as an attorney and you have to decide whether or not they should be able to enter the profession. People will say to you straightaway that of course, once they have served their time, have changed and rehabilitated themselves they should be able to do so – but what if that offence, for example, 15 years ago they walked over to somebody, pulled out a gun and shot them in the back and killed them? Should such a person be allowed to be admitted as an attorney? Those are the very real types of cases we deal with on a regular basis, although they are not always as extreme as that.
Posted by Michael de Broglio on Monday 29-Apr-13
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Comments
Lorette said:
on Monday 29-Apr-13 03:51 PM
With regard to comments made I think that people should keep there inferiority complex and insecurities to themselves rather than taking it out on those who have achieved in life.
Cherise said:
on Monday 29-Apr-13 03:38 PM
Sounds really interesting and important to keep attorneys and our law society in check.
Salomie said:
on Monday 29-Apr-13 09:15 AM
The Law Society does play a vital role with regards to practicing attorneys. I also have seen what devastation it brings when an attorneys is struck of the roll. When that happens its usually not just the attorney but also the staff that works for the firm that suffers. Should attorneys be readmitted once they have been scrapped I honestly dont know the stigma and rumours about the attorneys will always be held against them. As to prisoners being admitted after studying law, is a difficult one to answer, because no-one can truly know if a person has changed and been rehabilitated, I suppose its a gamble you take.
moenisha said:
on Monday 29-Apr-13 08:07 AM
I have had the oppertunithy to speak to a few people who think all attoneys are crooks because of a few that are, and it took a lot of convincing to let them know it is not all attorneys, because they hear the news and friends tell them this. We were lucky at that stage to convince of this.
Angelique said:
on Monday 29-Apr-13 08:01 AM
Making those sort of decisions must be hard because you need to be able to judge someone you actually dont know - what if you reject them and they have actually genuinly changed and want to start a new fresh life. I most certainly wouldn't like to make that decision. As for the bad attorneys making bad decisions, one should review whether they have been out of the game long enough to deserve a second chance and if they made their wrong into a right. I too, would love to be a fly on those walls, although it does sound like it could be rather boring.
Benita said:
on Monday 29-Apr-13 07:35 AM
I agree with Lucretia I would not mind being in their as a fly on the wall either.
Lucretia said:
on Monday 29-Apr-13 07:26 AM
I would love to be a fly on the wall when it comes to appearances. I know a few attorneys who think that because they are attorneys, they are "gods". I, also, know many attorneys that know they are still human and can sit amongst others without this feeling of importance. Let the "gods" sit in on the appearances to remind them they may be attorneys but, they are still people just like the rest of us.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
